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PAPERS OF MIRABEAU BuoN.APARTE LAMAR
it was to shield the Nicaraguans from criminal prosecution for their former connection with Walker. If such a measure was deemed indis- pensable to their present or future safety; it was equally so to that of the Americans who acted with them. Of consequence the granting of this necessary safe guard to the one and at the same time withdrawing _it from the other can admit of interpritation, It necessarily leaves the Americans exposed to those verry perils and vexations to which the Nicaraguans were considered as· liable without this shield. And was it· really for this purpose that they were not included in the Decree? Is it indeede the designes of this government - by granting parden to its own people for the past and withholding it from the Americans - to open the door of criminal prosicution against them and by this means expell them from the country? The minde can scarsly arrive at any other conclusion. Be the motives of this omission whatever they may, it is verry evident that the Americans by their non-inclusion in the general amnesty ,are placed in a verry precarious situation. They are liable at any time through private malice or hate to be dragged before the judicial or other tribunals of the country and be tried con- demed shot or banished for having been one of Walker's men. In con- sonance with this interpritation of the Decree the work of proscription seems to have already commensed for at this verry moment a natu- relized citizen of the United States Mr. Claudio Curbalo is under sen- • tance of banishment not for offenses committed since the termination of the Walker war but soly for the reason as openly avowed by this government of his supposed or admitted connection with that contest. If he is to be victimised upon this ground where is there any safety for the rest? - This sudden and unexpected opening of the door of crimnal prosicution against the Americans but nt against the natives similary compromitted for matters long since supposed to have been consigned to oblivian, appears the more extraordinary, because of its happening so immediately after the practical evidence which my gov- . ernment has given of its friendship towards Nicaragua, by removing the Filabusters from the country, with assurances of future protection against them. It certainly does not encourage the hopes of establish- ing those friendly relations so much desired by the President of the United States and which it was the purpose of my mission to promote. In view of all these considerations I sincerly hope that no serious im- pediment may exist to prevent the Chief Maistrate of this Republic from granting a full pardon to Mr Curbelo now under sentence of' banishment. I desire that this may be done not on account of my per- sonal interest, I take in the matter. but because I believe, that such an exercize of Executive clemency at this time, would not only prevent much dissatisfaction and some probable evils but would tend greatly to invigorate the increa,;ing confidence of my country in the good dis- position of the inhabitence and generosity of the government of Nica- ragua. There is always a beauty in the exercize of the pardoning perogative. when it can be done consistantly with imperious duties; and as no public perils or political exigencies seem to require the full rigor of vindictive justice in the presant case It affords an oppertunity of manifesting to the world, that Nicaragua is no less inspired by senti- ments of humanity than other enlightened nations. Indeede if it were within the pale of Executive authority - clothed as the President is
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